AHAMAD ALI MOHAMAD ALI Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant-original accused, has challenged the judgment and Order dated 20. 2. 2009, passed by the learned Sessions judge, Panaji, in Sessions Case No. 6/2006. By the said Judgment and order, the learned Sessions Judge, convicted the appellant-accused under Section 302 of the Indian Penal Code and sentenced him to undergo Life Imprisonment and pay a fine of Rs. 10,000/-, in default, to undergo one year Simple Imprisonment.

(2.) THE prosecution case, briefly stated is as under : niazuddin Sheikh (deceased) was residing at Apewal, prior in Ponda Taluka along with his family members consisting of his wife PW. 11 Shaikh Khatum Bi and his children, including daughter pw. 6 , Aasmania Niazuddin Shaikh. The appellant-accused was brother-in-law of the deceased i. e. the husband of sister of deceased niazuddin Sheikh. Niazuddin Shaikh and the accused were residing in separate portions of the same house. Niazuddin Sheikh and his family were residing in the front portion and the accused and his family were residing in the back portion of the same house. On the day of the incident i. e. on 23. 11. 2005, at about 10. 45 p. m. , a quarrel ensued between the accused and his wife. Niazuddin Sheikh questioned the accused as to why he was assaulting his wife. The accused abused niazuddin Sheikh. The accused then told Niazuddin Sheikh "tumko dikhata hu" i. e. he would show him and went inside his house and came out. Immediately, thereafter, the accused gave a blow on left side of chest of Niazuddin Sheikh, with a knife. This incident was witnessed by PW. 6 Aasmania Shaikh, PW. 10 Noorjahan Bi, PW. 11 shaikh Khatum Bi and PW. 18 Alifa Bi. Thereafter, Niazuddin Sheikh was moved to the hospital by PW. 11 Shaikh Khatum Bi and others. On examination, the Doctor declared him dead. FIR was lodged by pw. 11 Shaikh Khatum Bi. The dead body of Niazuddin was sent for post mortem. Post mortem was conducted by PW. 14 Dr. Silvano Dias sapeco. Dr. Sapeco found stab injury on left chest. According to him, the injury was ante mortem, was fresh at the time of death and it was necessarily fatal. After completion of investigation, charge-sheet came to be filed. In due course, the case was committed to the Court of sessions.

(3.) CHARGE came to be framed against the accused under section 302 IPC. He pleaded not guilty to the said charge and claimed to be tried. His defence is that Niazuddin came to his house and assaulted him and there was a scuffle between them. He, however, denies that he caused the death of Niazuddin. After going through the entire evidence, adduced by the prosecution, the learned Sessions judge, convicted and sentenced the accused as stated in para 1 above. Hence, this appeal.